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EARLY CHILDHOOD EDUCATION ACT

Act No. 7120, Jan. 29, 2004

Amended by Act No. 7413, Mar. 24, 2005

Act No. 8676, Dec. 14, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

Act No. 10176, Mar. 24, 2010

Act No. 10638, May 19, 2011

Act No. 10854, Jul. 14, 2011

Act No. 10913, Jul. 25, 2011

Act No. 11218, Jan. 26, 2012

Act No. 11382, Mar. 21, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11769, May 22, 2013

Act No. 12336, Jan. 28, 2014

Act No. 13119, Feb. 3, 2015

Act No. 13226, Mar. 27, 2015

Act No. 13574, Dec. 22, 2015

Act No. 14155, May 29, 2016

Act No. 14567, Feb. 8, 2017

Act No. 14602, Mar. 21, 2017

Act No. 15232, Dec. 19, 2017

Act No. 17080, Mar. 24, 2020

Act No. 17311, May 26, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters related to early childhood education under Article 9 of the Framework Act on Education. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
1. The term "young children" means those from three years of age up to those right before their first enrollment at an elementary school;
2. The term "kindergarten" means a school that is established and operated for the education of young children pursuant to this Act;
3. The term "protector" means a person with parental rights, guardian, or any other virtual protector of a young child;
4. and 5. Deleted; <by Act No. 11382, Mar. 21, 2012>
6. The term "after school programs" means extracurricular and child care activities conducted after the regular curriculum under Article 13 (1).
 Article 3 (Responsibilities)
The State and local governments shall share with protectors of young children the responsibility of educating the young children in a sound or healthy manner.
 Article 3-2 (Master Plans for Development of Early Childhood Education)
(1) The Minister of Education shall set the goals of and directions for medium- and long-term policies for the early childhood education and formulate and implement a master plan for development of early childhood education (hereinafter referred to as “master plan”). <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Education shall formulate a master plan every five years, after undergoing deliberation by the Central Early Childhood Education Committee under Article 5 (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters concerning the details, etc. of a master plan shall be prescribed by Presidential Decree.
(4) The Minister of Education shall, in order to formulate a master plan, conduct a comprehensive fact-finding survey on early childhood education every five years and announce the results thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13574, Dec. 22, 2015>
(5) The Minister of Education may request the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institutions, or other related corporations or organizations to submit necessary data or present their opinions. In such cases, the person so requested shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 13574, Dec. 22, 2015>
(6) Matters necessary for the methods, etc. of conducting fact-finding surveys referred to in paragraph (4) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13574, Dec. 22, 2015>
(7) The superintendent of education (hereinafter referred to as the “superintendent of education”) of the Special Metropolitan City, a Metropolitan City, a Metropolitan Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as “City/ Do”) shall formulate and implement an annual implementation plan according to a master plan. <Amended by Act No. 13574, Dec. 22, 2015>
(8) The Minister of Education shall have the actual performance of the previous year's master plan, established under paragraph (1), deliberated by the Central Early Childhood Education Committee under Article 5 (1); and the superintendent of education of a City/Do shall have the implementation plan for the next year under paragraph (7) and the actual performance of the previous year's implementation plan annually deliberated by a City/Do Early Childhood Education Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13574, Dec. 22, 2015>
[This Article Newly Inserted by Act No. 11218, Jan. 26, 2012]
 Article 4 (Early Childhood Education and Nursery Committee)
(1) The Early Childhood Education and Nursery Committee shall be established under the Prime Minister to deliberate on the following matters relating to early childhood education, and child care under Article 2 of the Child Care Act: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12336, Jan. 28, 2014>
1. A master plan for early childhood education and child care;
2. Operation of kindergartens and child-care centers on a linked basis;
3. Matters requiring cooperation among related government agencies concerning early childhood education and child care;
4. Other matters referred to the Early Childhood Education and Nursery Committee by the chairperson.
(2) The Committee referred to in paragraph (1) shall be composed of 11 members including the chairperson, and the office of the chairperson shall be assumed by the Minister of the Office for Government Policy Coordination and the members thereof shall consist of the following persons: <Amended by Act No. 7413, Mar. 24, 2005; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
1. The Vice Minister of Economy and Finance, the Vice Minister of Education, the Vice Minister of Health and Welfare, and the Vice Minister of Gender Equality and Family;
2. Two representatives each from a community of early childhood education, child care, and women, who are commissioned by the chairperson on the recommendation of the members provided for in subparagraph 1.
(3) Matters necessary for the organization and operation of the Committee referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 5 (Early Childhood Education Committee)
(1) There shall be established the Central Early Childhood Education Committee under the jurisdiction of the Ministry of Education, and a City/Do Early Childhood Education Committee under the jurisdiction of the Office of Education of each City/Do, to deliberate on matters concerning policies for early childhood education, and the planning, investigation, etc. of the projects therefor. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>
(2) The Central Early Childhood Education Committee and City/Do Early Childhood Education Committees, respectively, shall be comprised of professionals in early childhood education, representatives of kindergartens, representatives of kindergarten teachers (including master teachers), representatives of the parents of kindergarten children, related public officials, etc. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011>
(3) Matters necessary for the organization, operation, etc. of the Central Early Childhood Education Committee and City/Do Early Childhood Education Committees shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 6 (Early Childhood Education and Development Institutes)
(1) The State and local governments may establish an early childhood education development institute which takes charge of research, provision of information, and the development of programs and teaching materials concerning early childhood education, the training and assessment of kindergarten teaching staff, the provision of activity-based learning programs for young children and so forth, or may entrust the relevant business affairs to education-related research institutes, etc. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
(2) Matters necessary for the establishment and operation of an early childhood education and development institute and the entrustment of business affairs under paragraph (1) and the like shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 6-2 (Statistical Survey on Education)
(1) The Minister of Education shall conduct a statistical survey on education every year in order to collect basic data on the young children in a kindergarten, teaching staff and other personnel, kindergartens, educational administrative agencies, etc. necessary for efficiently implementing policies for and conducting research on early childhood education and shall make its results public.
(2) The Minister of Education shall prepare education-related index and prediction statistics, such as the estimation of the number of students, by using data collected from the statistical survey on education under paragraph (1) (hereafter in this Article referred to as “statistical survey on education”) and statistics and administrative data under Article 3 of the Statistics Act for the efficient formulation, enforcement, and evaluation of policies on early childhood education. <Amended by Act No. 16875, Mar. 24, 2020>
(3) The Minister of Education may request the head of a central administrative agency, the head of a local government, the superintendent of education, and the heads of the relevant institutions, such as the heads of public institutions under the Act on the Management of Public Institutions to submit data in order to conduct a statistical survey on education and prepare education-related index and prediction statistics under paragraph (2). <Amended by Act No. 16875, Mar. 24, 2020>
(4) The superintendent of education may request the competent kindergarten, the head of an educational administrative agency, etc. to provide data for the submission of data under paragraph (3). In such cases, the competent kindergarten, the head of the educational administrative agency, etc. so requested shall comply therewith, unless there is a compelling reason not to do so; and the superintendent of education shall make efforts to minimize the burden of the competent kindergarten, the educational administrative agency, etc. <Amended by Act No. 16875, Mar. 24, 2020>
(5) The Minister of Education may request the head of a central administrative agency, the head of a local government, the superintendent of education, or the heads of the relevant institutions, such as the heads of public institutions under the Act on the Management of Public Institutions, in possession of the relevant data to share such data to enhance the accuracy of the statistical survey on education and of preparation of education-related index and prediction statistics and to lessen the burden of the affairs. In such cases, the head of the agency so requested shall comply therewith, unless there is a compelling reason not to do so. <Amended by Act No. 16875, Mar. 24, 2020>
(6) The Minister of Education may collect personal information including resident registration numbers of the following persons at the time of performing a statistical survey on education and may provide such information to the institutions requested to share them under paragraph (5) or may be provided with such information for the purpose of a statistical survey, analysis, verification, etc.: <Amended by Act No. 16875, Mar. 24, 2020>
1. Teaching staff and other personnel of the kindergartens and educational administrative agencies subject to survey;
2. Young children attending the kindergartens subject to survey and their graduates.
(7) The Minister of Education may provide the data collected from a statistical survey on education to a person who intends to use them. In such cases, except for the items disclosed to the public pursuant to the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions, such data shall be provided to the person in a form in which it is impossible to specifically identify an individual, corporation, or organization. <Amended by Act No. 16875, Mar. 24, 2020>
(8) The Minister of Education may designate a national education statistics center to entrust the affairs relating to a statistical survey on education, etc., as prescribed by Presidential Decree. In such cases, the Minister of Education may subsidize expenses incurred in the designation and entrustment of such affairs.
(9) Except as provided in paragraphs (1) through (8), matters necessary for the subject matters, procedures, disclosure of the results, etc. regarding a statistical survey on education and preparation of education-related index and prediction statistics shall be prescribed by Presidential Decree. <Amended by Act No. 16875, Mar. 24, 2020>
[This Article Newly Inserted by Act No. 14602, Mar. 21, 2017]
CHAPTER II ESTABLISHMENT OF KINDERGARTENS
 Article 7 (Classification of Kindergartens)
Kindergartens shall be classified as follows: <Amended by Act No. 10176, Mar. 24, 2010>
1. National kindergartens: Kindergartens established and operated by the State;
2. Public kindergartens: Kindergartens established and operated by local governments (divided into city kindergartens and Do kindergartens according to the establishing entities);
3. Private kindergartens: Kindergartens established and operated by juristic persons or private individuals.
 Article 8 (Establishment of Kindergartens)
(1) Any person who intends to establish a kindergarten shall meet the standards prescribed by Presidential Decree concerning facilities, equipment, etc. <Amended by Act No. 10176, Mar. 24, 2010>
(2) Any person who intends to establish a private kindergarten shall obtain authorization from the superintendent of education. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012>
(3) Where an application for authorization is filed under paragraph (2), the superintendent of education shall authorize the establishment of the kindergarten except in any of the following cases: <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 15232, Dec. 19, 2017; Act No. 16875, Jan. 29, 2020>
1. Where it fails to meet the standards for the establishment of facilities, equipment, etc. under paragraph 1;
2. Where it is not appropriate for a placement plan for young children which is formulated by the superintendent of education, as prescribed by Presidential Decree;
3. Where the application is filed by a kindergarten founder and operator in whose case three years have not passed since he or she was issued an order to suspend the operation of his or her kindergarten under Article 32 (1) or (3);
4. Where it fails to meet other restrictions provided for in this Act or other statutes or regulations.
(4) If any person who has established and operated a private kindergarten intends to close the kindergarten or to modify any important matters prescribed by Presidential Decree, he or she shall obtain authorization from the superintendent of education. <Amended by Act No. 10176 Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
 Article 8-2 (Grounds for Disqualification)
None of the following persons shall establish and operate a kindergarten:
1. A minor, a person under adult guardianship, or a person under limited guardianship;
3. A person addicted to narcotics as defined in subparagraph 1 of Article 2 of the Narcotics Control Act;
4. A person declared bankrupt and not yet reinstated;
5. A person in whose case five years (or 20 years if the person committed any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act) have not passed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed (including a case in which such punishment is deemed to have completely executed) or exempted;
6. A person who is under suspension of the execution of his or her imprisonment without labor or a heavier punishment declared by a court: Provided, That if a person is sentenced to a suspended execution of his or her imprisonment without labor or a heavier punishment for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, such person means anyone in whose case 20 years have not passed since the suspended execution became final;
7. A person in whose case five years have not passed since the person was issued with an order to close his or her kindergarten under Article 32;
8. A person in whose case two years have not passed since a fine of not less than three million won was imposed under Article 34, or 10 years have not passed since a fine was imposed for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act;
9. A person who fails to comply with an order to receive training issued under Article 8-3.
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
 Article 8-3 (Order to Receive Training)
(1) If a person, in whose case a punishment or medical treatment and custody sentenced by a court for any child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act became final, does no longer fall under any ground for disqualification provided in subparagraphs 5 through 8 of Article 8-2 and intends to establish and operate a kindergarten, the Minister of Education shall order the person to receive child abuse prevention training beforehand. In such cases, expenses incurred in providing training shall be borne by the persons who receive such training.
(2) Procedures for issuing orders to receive training under paragraph (1), training institutions, training methods and content, and other necessary matters shall be prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
 Article 9 (Establishment of Attached Kindergartens)
Kindergartens may be established as annexes to elementary schools, middle schools, and high schools pursuant to Article 2 of the Elementary and Secondary Education Act. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 9-2 (Obligation to Establish Kindergartens)
(1) For the following areas, the superintendent of education shall establish kindergartens as annexes to elementary schools defined in Article 2 of the Elementary and Secondary Education Act, or separately, taking into consideration a placement plan for young children referred to in Article 8 (3) 2: <Amended by Act No. 15232, Dec. 19, 2017>
1. Urban development zones under Article 3 of the Urban Development Act;
3. Housing site development zones under Article 3 of the Housing Site Development Promotion Act;
4. Public housing zones under Article 6 of the Special Act on Public Housing;
5. Housing complexes, other than the public housing zones under subparagraph 4, with rental housing for low-income earners at a rate equal to or exceeding the rate prescribed by Presidential Decree.
(2) Where it is necessary to increase the number of classes of a kindergarten established as an annexe under Article 9, the superintendent of education shall actively take necessary actions.
[This Article Newly Inserted by Act No. 13574, Dec. 22, 2015]
 Article 10 (Kindergarten Regulations)
(1) The head of a kindergarten (in cases of establishing a kindergarten, referring to a person who intends to establish the kindergarten; hereinafter referred to as “head of a kindergarten”) may formulate or amend the kindergarten regulations within the scope of the statutes and regulations. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013; Act No. 14155, May 29, 2016>
(2) Matters necessary for the details to be included in kindergarten regulations, the formulation procedures, etc. shall be prescribed by Presidential Decree.
 Article 11 (Entering Kindergarten)
(1) A person who is eligible to enter a kindergarten shall be limited to a young child. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016>
(2) The head of a kindergarten shall recruit and select young children for a kindergarten in a fair and transparent manner under the kindergarten regulations, within the scope required to achieve the purposes of education: Provided, That where the timing for recruitment and selection, etc. are differently prescribed by municipal ordinances under paragraph (3), he or she shall comply therewith. <Newly Inserted by Act No. 14155, May 29, 2016>
(3) Local governments (limited to Cities/Dos) may determine the timing, procedures, methods, etc. for the recruitment and selection of young children, if necessary to guarantee an equal opportunity for early childhood education. <Newly Inserted by Act No. 14155, May 29, 2016>
 Article 12 (School Year)
(1) The school year of kindergartens shall be from March 1 until the end of February of the next year.
(2) Kindergartens may introduce after school programs upon request of protectors and the region's circumstances. <Amended by Act No. 11382, Mar. 21, 2012>
(3) The semesters, number of school days, organization of school classes, school holidays, and organization and operation of classes of kindergartens, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 13 (Curriculum)
(1) A kindergarten shall offer a curriculum and may operate after school programs following the regular curriculum. <Amended by Act No. 11382, Mar. 21, 2012>
(2) The Minister of Education shall determine basic matters on the standards for and details of the curriculum and after school programs referred to in paragraph (1), and the superintendent of education may determine the standards for and details of the curriculum and after school programs according to the region's circumstances within the scope of such curriculum and after school programs, as determined by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Education may develop and distribute programs and teaching materials for operating the curriculum and after school programs of kindergartens. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
 Article 14 (School Records)
The head of a kindergarten shall prepare and manage school records in accordance with standards determined by the Minister of Education, which can be put to practical use for the guidance of young children's life and the further guidance of such children at elementary schools, by comprehensively observing and evaluating the development, etc. of young children. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
 Article 15 (Special Schools)
(1) The purpose of special schools is to provide education equivalent to kindergartens and education on academic, technical, and social skills necessary for everyday life of young children who need special education due to a physical, mental, or intellectual disability. <Amended by Act No. 10176, Mar. 24, 2010>
(2) Where any young child who needs special education intends to receive education at a kindergarten, the State and local governments shall establish a policy necessary for offering education in collaboration with such kindergarten, such as establishing separate admission procedures and curriculum. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 16 (Kindergartens for Foreigners)
(1) "Foreigners' kindergarten" means any kindergarten established for the education of the young children of foreigners residing in Korea and shall not be governed by Article 11 (1), the proviso of Article 11 (2), Article 11 (3), and Articles 12 through 14, 17, 18 (2), 19, 19-2 through 19-8, 22, 24 through 26, and 27. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016>
(2) The establishment criteria, curriculums, school terms, recognition of scholastic attainments of foreigners' kindergartens, and other matters necessary for the establishment and operation thereof shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 17 (Medical Check-Ups and Provision of Meals)
(1) The head of a kindergarten shall conduct medical check-ups for young children enrolled in such kindergarten and take necessary measures for those found to require medical treatment upon such check-ups after consultation with their protectors. <Amended by Act No. 10176, Mar. 24, 2010>
(2) The head of a kindergarten may provide meals suitable for young children enrolled in such kindergarten. <Amended by Act No. 10176, Mar. 24, 2010>
(3) Matters necessary for the timing for conducting medical check-ups and the handling of the results thereof under paragraph (1), the standards for feeding facilities and equipment under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
 Article 17-2 (Restrictions on Provision of Data on Young Children)
(1) Each head of a kindergarten shall not provide young children’s school records referred to in Article 14 and data related to medical check-ups referred to in Article 17 to a third party without the consent of a protector of a relevant young child: Provided, That this shall not apply in any of the following cases:
1. Where they are needed for an administrative agency responsible for supervision or inspection of kindergartens to conduct its affairs;
2. Where they are provided for compiling statistics, conducting academic research, etc. in a manner that does not identify any specific individual;
3. Where they are needed for investigating a crime and instituting and maintaining a public prosecution;
4. Where they are needed for a court to conduct the judicial affairs;
5. Where they are provided pursuant to the relevant statutes.
(2) Where the head of a kindergarten provides a third party with relevant data under the proviso of paragraph (1), he or she may place restrictions on the purpose and method of use of the data or other necessary matters or may request the third party to take necessary measures to ensure security of such data.
(3) No person who has been provided with data under paragraph (1) shall use them for purposes other than the intended purposes.
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 17-3 (Emergency Measures)
Where a young child under the care of the head of a kindergarten is in a critical condition due to a disease, accident, disaster, etc., the head of the kindergarten (including a person who shall act on his or her behalf pursuant to Article 21 (2)) shall immediately transfer the relevant young child to an emergency medical institution referred to in Article 2 of the Emergency Medical Service Act.
[This Article is Newly Inserted by Act No. 11769, May 22, 2013]
 Article 18 (Guidance and Supervision)
(1) National kindergartens shall be guided and supervised by the Minister of Education, and public and private kindergartens shall be guided and supervised by the superintendent of education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
(2) The superintendent of education may give kindergartens guidance on the operation of a curriculum in order to enrich the substance of early childhood education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012>
 Article 19 (Evaluation)
(1) The superintendent of education may perform evaluation on the actual status of the operation of kindergartens, if necessary to efficiently provide early childhood education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11218, Jan. 26, 2012>
(2) The Minister of Education may, if necessary, perform overall evaluation on early childhood education provided by the Office of Education of each City/Do. <Amended by Act No. 11218, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>
(3) After performing an evaluation under paragraphs (1) and (2), the Minister of Education and the superintendent of education shall make public the evaluation results. <Newly Inserted by Act No. 16875, Jan. 29, 2020>
(4) Matters necessary for the objects of, standards and procedures for, evaluation provided for in paragraphs (1) and (2), the disclosure of the evaluation results under paragraph (3), etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11218, Jan. 26, 2012; Act No. 16875, Jan. 29, 2020>
 Article 19-2 (Building and Operation of Early Childhood Education Information System)
(1) The Minister of Education and the superintendent of education shall build and operate an early childhood education information system to handle the affairs (including accounting control) of kindergartens and education administrative agencies by electronic means (hereinafter referred to as “information system”). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16875, Jan. 29, 2020>
(2) The Minister of Education and the superintendent of education may establish and operate an information system operation center for the operation of and support for the information system or may, if deemed necessary for the efficient operation of the information system, entrust the affairs of operation of and support for the information system to a corporation or institution which provides support for informatization of education. In such cases, the Minister of Education and the superintendent of education may, within budgetary limits, provide subsidies and contributions for the efficient performance of such duties entrusted. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the building and operation of the information system and the methods for access thereto under paragraph (1) and the establishment, operation, etc. of the information system operation center under paragraph (2) shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The information system may be used in connection with an education information system provided for in Article 30-4 (1) of the Elementary and Secondary Education Act or an information system provided for in Article 6-2 (2) of the Social Welfare Services Act.
(5) Kindergartens shall use an information system for their accounting control. <Newly Inserted by Act No. 16875, Jan. 29, 2020>
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-3 (Establishment of Kindergarten Operation Committees)
(1) A kindergarten shall establish a kindergarten operation committee in order to enhance autonomy of the operation of a kindergarten and provide various and creative education programs according to the regional circumstances and characteristics: Provided, That a kindergarten the size of which is less than that prescribed by Presidential Decree need not establish a kindergarten operation committee. <Amended by Act No. 16875, Jan. 29, 2020>
(2) A kindergarten operation committee established under a kindergarten shall consist of the representatives from teaching staff and parents of the kindergarten.
(3) The number of members of a kindergarten operation committee established under a kindergarten shall be prescribed by Presidential Decree, ranging from five to 11 members, in consideration of the size, etc. of the kindergarten.
(4) Where a kindergarten is established as an annexe under Article 9, if necessary, it may operate a kindergarten operation committee integrated into the operation committee of the school to which it has been established as an annexe. In such cases, the school operation committee shall include at least one representative from the teaching staff and one from the parents of the kindergarten.
(5) Kindergarten operation committees established under paragraph (1) shall prepare minutes and make public such minutes, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16875, Jan. 29, 2020>
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-4 (Functions of Kindergarten Operation Committees)
(1) A kindergarten operation committee established under a national or public kindergarten shall deliberate on the following matters: <Amended by Act No. 16875, Jan. 29, 2020>
1. Matters regarding amendments to kindergarten regulations;
2. Matters regarding budgeting and settlement of accounts of a kindergarten;
3. Matters regarding the methods for the operation of kindergarten curricula;
3-2. Matters regarding the prevention of child abuse;
4. Matters regarding expenses borne by parents;
5. Matters regarding the provision of meals in a kindergarten;
6. Matters regarding the operation of after school programs;
7. Matters regarding suggestion and recommendation for the operation of a kindergarten;
8. Matters regarding the methods of public recruitment, appointment, evaluation, etc. of publicly-recruited heads of kindergartens under Article 29-3 (8) of the Educational Officials Act;
9. Matters regarding the recommendation of visiting teachers under Article 31 (2) of the Educational Officials Act;
10. Other matters prescribed by ordinance of a City/Do.
(2) The head of a private kindergarten shall consult with its kindergarten operation committee on the matters referred to in paragraph (1) (excluding subparagraphs 8 and 9).
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-5 (Organization and Operation of Kindergarten Operation Committees)
(1) From among kindergarten operation committees established under Article 19-3, matters necessary for the organization and operation of the committees established under national kindergartens and public kindergartens shall be prescribed by Presidential Decree and ordinance of a City/Do, respectively.
(2) Matters necessary for the organization of a kindergarten operation committee established under a private kindergarten shall be prescribed by Presidential Decree, and other matters necessary for its operation shall be prescribed by its articles of incorporation or kindergarten regulations.
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-6 (Training of Members of Kindergarten Operation Committees)
(1) The superintendent of education may provide training for the members of kindergarten operation committees in order to improve their quality and job skills.
(2) The superintendent of education may entrust training under paragraph (1) to a training institution or private organization.
(3) The superintendent of education may provide administrative or financial support to the institutions entrusted with such training under paragraph (2).
(4) Except as provided in paragraphs 1 through 3, matters regarding the training of committee members shall be prescribed by Presidential Decree.
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-7 (Establishment of Accounts of Kindergartens)
(1) There shall be established accounts of kindergartens in national or public kindergartens.
(2) The following incomes shall be recorded in the accounts of kindergartens as annual revenues:
1. Money transferred from a general account of the State or from an educational special account of a local government;
2. Educational expenses, such as tuition fees, and other payments as provided for in Article 25;
3. Subsidies and grants from the State or local governments;
4. Usage fees and charges;
5. Balance carried forward;
6. Proceeds from the sale of articles;
7. Other incomes.
(3) All expenses incurred in the operation of kindergartens and the installation, etc. of facilities thereof shall be recorded in the accounts of kindergartens as annual expenditures.
(4) A reasonable amount of money may be appropriated as a reserve fund in the accounts of a kindergarten for its annual expenditure budget in order to cover unexpected expenses, not within the budget, or expenses in excess of the budget.
(5) In cases of kindergartens attached under Article 9, the accounts of the kindergarten may be operated, if necessary, combined with the accounts of a school that places the relevant kindergarten attached to it.
(6) Matters necessary for the establishment of the accounts of national and public kindergartens shall be prescribed by Ordinance of the Ministry of Education and by educational regulations of a City/Do, respectively. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 19-8 (Operation of Accounts of Kindergartens)
(1) The fiscal year of the accounts of kindergartens shall begin on March 1 of each year and end on the last day of February of the following year.
(2) The head of a kindergarten shall prepare a draft revenue and expenditure budget for the accounts of the kindergarten every fiscal year and submit it to its kindergarten operation committee under Article 19-3 no later than 30 days before the commencement of each fiscal year.
(3) The kindergarten operation committee shall deliberate on the draft revenue and expenditure budget for the accounts of the kindergarten no later than five days before the commencement of each fiscal year.
(4) The head of a kindergarten may execute the following expenses in accordance with the budget of the previous year, where no draft budget provided for in paragraph (3) is not finalized until the new fiscal year commences. In such cases, where the budget of the relevant year is finalized, the expenses that have been executed in accordance with the budget of the previous year are deemed executed according to the finalized budget:
1. Expenses for personnel, such as teachers and staff;
2. Educational expenses directly used for education;
3. Maintenance expenses for kindergarten facilities;
4. Expenses for payment obligations in accordance with statutes and regulations;
5. Expenses already finalized in the budget.
(5) The head of a kindergarten shall prepare a settlement of accounts every fiscal year and submit it to its kindergarten operation committee within two months after the closing of the fiscal year.
(6) Matters necessary for the operation of the accounts of national and public kindergartens shall be prescribed by Ordinance of the Ministry of Education and by educational regulations of a City/Do, respectively. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article is Newly Inserted by Act No. 11382, Mar. 21, 2012]
CHAPTER III KINDERGARTEN PERSONNEL
 Article 20 (Classification of Kindergarten Personnel)
(1) A kindergarten shall have a head, a deputy head, master teachers, and teachers as teaching staff, but kindergartens, the size of which is smaller than that prescribed by Presidential Decree, need not have a deputy head. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10913, Jul. 25, 2011>
(2) In addition to teaching staff, a kindergarten may have a commissioned doctor, a dietitian, a nurse or an assistant nurse, administrative personnel, etc.
(3) The maximum number of teaching staff and other personnel to be placed at kindergartens (hereinafter referred to as "kindergarten personnel"), the standards for the placement thereof, and other necessary matters shall be prescribed by Presidential Decree.
 Article 21 (Duties of Kindergarten Personnel)
(1) The head of a kindergarten shall have general supervision and control of the kindergarten affairs, guide and supervise its personnel, and educate young children enrolled in the kindergarten. <Amended by Act No. 10176, Mar. 24, 2010>
(2) The deputy head of a kindergarten shall assist the head of the kindergarten in managing the kindergarten affairs, educate young children enrolled in the kindergarten, and act on behalf of the head of the kindergarten where he or she is unable to perform the duties due to any unavoidable reason: Provided, That where a kindergarten has no deputy head, any teacher designated in advance by the head of such kindergarten (including a master teacher) shall act on behalf of the head of the kindergarten. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011>
(3) Master teachers shall support teachers' teaching and research activities and educate young children. <Newly Inserted by Act. No. 10913, Jul. 25, 2011>
(4) Teachers shall educate young children enrolled in their kindergarten, as prescribed by statutes and regulations. <Amended by Act No. 10176, Mar. 24, 2010; Act. No. 10913, Jul. 25, 2011>
(5) Other personnel such as administrative personnel shall take charge of the administrative affairs of a kindergarten and other affairs, as prescribed by statutes and regulations. <Amended by Act. No. 10913, Jul. 25, 2011; Act. No. 11218, Jan. 26, 2012>
 Article 21-2 (Guarantee of Human Rights for Young Children)
(1) A founder, operator, and head of a kindergarten shall guarantee the human rights of young children specified in the constitution and international human rights treaties.
(2) Kindergarten personnel shall not cause bodily pain to young children by using tools, body parts, etc. and shall not inflict emotional distress on young children by using loud voices or violent languages, etc. when educating young children or performing their duties under Article 21. <Amended by Act No. 16875, Jan. 29, 2020>
[This Article Newly Inserted by Act No. 14155, May 29, 2016]
 Article 22 (Qualifications for Teaching Staff)
(1) The head and the deputy head of a kindergarten shall meet the qualification standards referred to in attached Table 1 and obtain a certificate of qualification examined and granted by the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
(2) Teachers shall be classified into regular teachers (Grades I and II) and assistant teachers, both of whom shall meet the qualification standards referred to in attached Table 2 and obtain a certificate of qualification examined and granted by the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013>
(3) A master teacher shall obtain a certificate of qualification examined and granted based on the results of completion of the training determined by the Minister of Education, as prescribed by Presidential Decree, from among persons with a certificate of qualification referred to in paragraph (2), who have at least 15 years of experience in education (including a career as an educational expert official provided for in subparagraphs 2 and 3 of Article 2 (1) of the Educational Officials Act) and have talents and excellence in teaching and research. <Newly Inserted by Act. No. 10913, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013>
(4) and (5) Deleted. <by Act No. 10176, Mar. 24, 2010>
 Article 23 (Instructors)
(1) A kindergarten may have instructors, temporary teachers, honorary teachers, etc. in addition to teaching staff referred to in Article 20 (1), where necessary for the operation of curricula, to take charge of or assist in early child education. In such cases, Articles 10-3 (1) and 10-4 of the Educational Officials Act shall apply mutatis mutandis to national and public kindergartens; and Article 54-3 (4) and (5) of the Private School Act shall apply mutatis mutandis to private kindergartens. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 10638, May 19, 2011; Act No. 11218, Jan. 26, 2012>
(2) Matters necessary for the classification, qualification standards, appointment, etc. of instructors, etc. to be placed at kindergartens pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
CHAPTER IV EXPENSES
 Article 24 (Free Education)
(1) Early childhood education for three years immediately before enrollment to an elementary school shall be provided free of charge; and the details and scope of free education shall be prescribed by Presidential Decree. <Amended by Act No. 11382, Mar. 21, 2012>
(2) The expenses incurred in early childhood education that is provided free of charge pursuant to paragraph (1) shall be borne by the State and local governments, but such support shall, in principle, be given to the protectors of young children. <Amended by Act No. 10176, Mar. 24, 2010>
(3) The Minister of Education shall, in consultation with the heads of the related administrative agencies, publicly notify the expenses borne by the State and local governments under paragraph (2) within budgetary limits, on the basis of the standard expenses of early childhood education referred to in paragraph (4). <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Education shall determine the standard expenses of early childhood education after deliberation by the Central Early Childhood Education Committee provided for in Article 5 (1). <Newly Inserted by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for the methods of support referred to in paragraph (2), public notice of expenses referred to in paragraph (3), calculation of the standard expenses of early childhood education referred to in paragraph (4), etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended by Act No. 11382, Mar. 21, 2012; Act No. 11690, Mar. 23, 2013>
 Article 25 (Kindergarten Tuition)
(1) A founder and operator of a kindergarten may receive payment of educational expenses, such as tuition fees, and other payments (hereinafter referred to as "kindergarten tuition"), as prescribed by Ordinance of the Ministry of Education. In such cases, kindergarten tuition may be determined according to the following standards: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10176, Mar. 24, 2010; Act No. 11690, Mar. 23, 2013; Act No. 13226, Mar. 27, 2015>
1. The type of use of a kindergarten under Article 12 (2);
2. Whether young children who will receive education are those of eligible recipients under the National Basic Living Security Act;
3. Whether the area in which the kindergarten is located falls under a socially vulnerable area, such as an area densely populated with low-income groups, or an agricultural or fishing area.
(2) The standards for determining socially vulnerable areas under paragraph (1) 3 shall be prescribed by Presidential Decree. <Amended by Act No. 13226, Mar. 27, 2015>
(3) No kindergarten shall set the rate of increase in kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years. <Newly Inserted by Act No. 13226, Mar. 27, 2015>
(4) Notwithstanding paragraph (3), a national kindergarten that fulfills the standards established by the Minister of Education in consideration of the following matters may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years, after deliberation by the Central Early Childhood Education Committee referred to in Article 5 (1), and a public or private kindergarten that fulfills the standards established by the superintendent of education may receive kindergarten tuition in excess of the average rate of increase in the consumer price for the immediately preceding three years after deliberation by City/Do Early Childhood Education Committees referred to in that paragraph, respectively: <Newly Inserted by Act No. 13226, Mar. 27, 2015>
1. Expenses borne by the State and local governments pursuant to Article 24 (2);
2. Standard expenses of early childhood education referred to in Article 24 (4).
(5) Other matters necessary for the methods, etc. of calculation and collection of kindergarten tuition shall be prescribed by Ordinance of the Ministry of Education. <Newly Inserted by Act No. 13226, Mar. 27, 2015>
 Article 26 (Burden of Expenses)
(1) and (2) Deleted. <by Act No. 11382, Mar. 21, 2012>
(3) The State and local governments shall subsidize all or part of the expenses incurred in the establishment and operation of private kindergartens, including personnel expenses, as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010>
 Articles 26-2 through 26-5 Deleted. <by Act No. 11382, Mar. 21, 2013>
 Article 27 (Support for Operation of After School Programs)
The State and local governments may subsidize the expenses incurred in operating kindergartens which operate after school programs or kindergartens which are operated in excess of the number of school days prescribed by Presidential Decree pursuant to Article 12 (3), as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
 Article 28 (Return of Subsidies)
(1) The State and a local government may order the full or partial return of subsidies or grants already paid, in any of the following cases: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 13226, Mar. 27, 2015; Act No. 16875, Jan. 29, 2020>
1. Where the subsidies or grants are used for any purpose other than the original purposes of the kindergarten;
2. Where the subsidies or grants are paid by fraud or other improper means;
3. Where a person who fails to meet the qualification standards for teaching staff referred to in Article 22 is hired as teaching staff;
4. Where the rate of increase in kindergarten tuition exceeds the average rate of increase in the consumer price for the immediately preceding three years.
(2) Where the protector of a young child has received expenses under Article 24 (2) by fraud or other improper means, the State and a local government may order him or her to fully or partially return such expenses. <Newly Inserted by Act No. 11382, Mar. 21, 2012>
(3) Where the State or a local government recovers subsidies, etc. pursuant to paragraphs (1) and (2) and if the person who is required to return subsidies, etc. fails to do so within the deadline, the subsidies, etc. shall be collected in the same manner as delinquent national or local taxes are collected. <Newly Inserted by Act No. 11382, Mar. 21, 2012>
CHAPTER V SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
 Article 28-2 (Prohibition of Use of Name of Kindergarten)
The name “kindergarten” or any other name similar thereto shall not be used, except for a kindergarten under this Act.
[This Article Newly Inserted by Act No. 11382, Mar. 21, 2012]
 Article 29 (Delegation and Entrustment of Authority)
(1) The Minister of Education may delegate part of his or her authority under this Act to the superintendent of education, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Education and the superintendent of education may entrust part of their duties under this Act to the Minister of Health and Welfare or the heads of local governments, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10176, Mar. 24, 2010]
 Article 30 (Orders to Make Corrections or Modifications)
(1) Where a kindergarten has violated any education-related statute or regulation, Articles 53 and 53-3 of the Road Traffic Act, any order issued thereunder, or the kindergarten regulations, with respect to its facilities and equipment, the operation of curriculums, the rate of increase in kindergarten tuition, and other matters, the guiding and supervisory agencies for kindergartens (in cases of a national kindergarten, referring to the Minister of Education and in cases of a public or private kindergarten, referring to the superintendent of education; hereinafter referred to as “competent agency”) may order the head, founder, or operator of the kindergarten to make corrections or modifications thereto within a fixed period. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 13119, Feb. 3, 2015; Act No. 13226, Mar. 27, 2015; Act No. 14155, May 29, 2016; Act No. 17311, May 26, 2020>
(2) Where any person who has been issued with an order to make corrections or modifications under paragraph (1) fails to comply with such order within the designated period without good cause, the competent agency may take measures against the relevant kindergarten, such as reducing the maximum number of the kindergarten children, reducing classes, suspending the enrollment of young children, providing differentiated financial support for the relevant kindergarten, or excluding the kindergarten from financial support, as prescribed by Presidential Decree. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 13226, Mar. 27, 2015; Act No. 16875, Jan. 29, 2020>
 Article 30-2 (Announcement of Violations)
(1) After taking measures provided in Article 28 (1), Article 30, or Article 32, the competent agency shall make public on its website, etc. the relevant violation, details of the disposition, the name of the relevant kindergarten, and other matters prescribed by Presidential Decree as necessary for being distinguished from other kindergartens: Provided, That in cases of the disposition provided in Article 28 (1), the competent agency shall announce the relevant violation only if the amount exceeds that prescribed by Ordinance of the Ministry of Education.
(2) Before making an announcement under paragraph (1), the competent agency shall provide the person whose violation is to be announced an opportunity to submit explanatory materials or to appear and state his or her opinion by notifying the person of such fact.
(3) Procedures and methods for announcement under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 16875, Jan. 29, 2020]
 Article 31 (Orders for Business Suspension and Temporary Closure)
(1) Where the competent agency deems that it is impracticable for a kindergarten to offer normal education due to urgent causes such as disasters, it may order the head of the kindergarten to suspend his or her business.
(2) The head of the kindergarten who has been issued with an order under paragraph (1) shall suspend his or her business without delay. <Amended by Act No. 10176, Mar. 24, 2010>
(3) Where the head of the kindergarten fails to suspend business despite the order issued under paragraph (1) or there are particularly urgent causes, the competent agency may issue a disposition of temporarily closing the kindergarten. <Amended by Act No. 10176, Mar. 24, 2010>
(4) For a kindergarten whose business is suspended pursuant to paragraphs (1) and (2), the attendance and education of young children enrolled in the kindergarten shall be suspended during the period of business suspension, and for a kindergarten temporarily closed pursuant to paragraph (3), all functions of the kindergarten except for simple administrative affairs shall be suspended during the period of temporary closure. <Amended by Act No. 10176, Mar. 24, 2010>
 Article 32 (Closure of Kindergartens)
(1) Where it is impossible for a kindergarten to normally operate its curriculum due to any of the following causes, the competent agency may order suspension of business operation for up to one year or closure of the kindergarten: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016; Act No. 16875, Jan. 29, 2020>
1. Where the head, founder, or operator of the kindergarten violates this Act, an order under this Act, or any other education-related statute or regulation by intention or gross negligence;
2. Where the head, founder, or operator of the kindergarten violates orders issued by the competent agency under this Act or any other education-related statute or regulation at least three times;
2-2. Where the head, founder, or operator of the kindergarten commits child abuse under subparagraph 7 of Article 3 of the Child Welfare Act;
2-3. Where a person who is under the management and supervision of the head, founder, or operator of the kindergarten, such as kindergarten personnel, commits child abuse under subparagraph 7 of Article 3 of the Child Welfare Act; <italic>Provided</italic>, That this shall not apply where the head, founder, or operator of the kindergarten is not negligent in giving due attention and supervision to prevent child abuse by kindergarten personnel, etc.;
3. Where the kindergarten fails to operate its curriculum for at least three consecutive months excluding the period of business suspension.
(2) The competent agency may order any person who uses the name “kindergarten” or any other name similar thereto without obtaining authorization for establishment of the kindergarten referred to in Article 8 (2) to close the relevant facilities. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012>
(3) Where a young child aboard a school bus for children (including getting on and off the school bus for children) dies or sustains a serious injury prescribed by Ordinance of the Ministry of Education as a result of a traffic accident that occurred during the operation of the school bus for children without a protector aboard the school bus for children (including cases where a report of a school bus for children referred to in Article 52 of the Road Traffic Act has not been filed), in violation of Article 53 (3) of that Act, the competent agency may order closure of the relevant kindergarten, or suspension of business operation for up to one year. <Newly Inserted by Act No. 13119, Feb. 3, 2015>
 Article 33 (Hearings)
Where the competent agency intends to issue an order to close a kindergarten or its facilities or to suspend its business operation pursuant to Article 32, it shall hold a hearing. <Amended by Act No. 10176, Mar. 24, 2010; Act No. 14155, May 29, 2016>
 Article 34 (Penalty Provisions)
(1) Deleted. <by Act No. 11382, Mar. 21, 2012>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016>
1. A person who operates a kindergarten without obtaining authorization for establishment of the kindergarten under Article 8 (2);
2. A person who fails to obtain authorization for closure or authorization for modification in violation of Article 8 (4);
3. A person who obtains authorization for establishment or closure of a kindergarten or authorization for modification thereof referred to in Article 8 (2) or (4) by fraud or other improper means;
4. A person who provides data related to young children to a third party without the consent of the children’s protectors in violation of Article 17-2 (1) or (3) or uses the provided data for purposes other than the intended purposes.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 10176, Mar. 24, 2010; Act No. 11382, Mar. 21, 2012; Act No. 14155, May 29, 2016>
1. A person who receives, or causes other persons to receive, expenses under Article 24 (2) by fraud or other improper means;
2. A person who violates an order referred to in Article 30 (1);
3. A person who violates an order referred to in Article 32 (1).
 Article 35 (Administrative Fines)
(1) A person who uses the name “kindergarten” or any other name similar thereto in violation of Article 28-2 shall be subject to an administrative fine not exceeding five million won.
(2) A person who fails to conduct medical check-ups under Article 17 (1) or fails to perform the obligation of emergency measures under Article 17-3 shall be subject to an administrative fine not exceeding three million won. <Newly Inserted by Act No. 11769, May 22, 2013>
(3) Administrative fines provided for in paragraph (1) and (2) shall be imposed and collected by the competent agency, as prescribed by Presidential Decree. <Amended by Act No. 11769, May 22, 2013>
[This Article Newly Inserted by Act No. 11382, Mar. 21, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repealed Act)
The Early Childhood Education Promotion Act (Act No. 6400) shall be repealed.
Article 3 (Transitional Measures concerning Kindergartens)
Kindergartens and other equivalent foreigners' schools which fall under various kinds of schools, established under the previous Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed kindergartens established under this Act.
Article 4 (Transitional Measures concerning Kindergarten Regulations)
Regulations of kindergartens and other equivalent foreigners' schools which fall under various kinds of schools under the previous Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed the kindergarten regulations under this Act.
Article 5 (Transitional Measures concerning Qualifications for Teaching Staff)
Any person who has obtained a certificate of kindergarten teaching staff qualification examined and granted under Article 21 of the previous Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed to have obtained a certificate of kindergarten teaching staff qualification examined and granted under this Act.
Article 6 (Transitional Measures concerning Teaching Staff in Service)
Persons who hold the post of the superintendents, assistant superintendents, or teachers of kindergartens under the previous Elementary and Secondary Education Act as at the time this Act enters into force shall be deemed appointed as the teaching staff of kindergartens under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions for acts committed before this Act enters into force shall be governed by the previous provisions.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes and Regulations)
Where other statutes or regulations cite the kindergartens under the previous Early Childhood Education Promotion Act or Elementary or Secondary Education Act and this Act includes the provisions corresponding thereto, as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
1. The provisions of Article 26…Articles 2 through 4 of the Addenda shall enter into force on the date on which the Presidential Decree concerning the Organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 enters into force, which shall be within three months after the date of promulgation of this Act;
2. Omitted.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8676, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: <italic>Provided</italic>, That ... <omitted> ... the amended provisions of the statutes which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, from among the statutes amended under Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective statutes.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10176, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10638, May 19, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Restriction on Employment) The amended provisions of Article 23 (1) shall begin to apply to persons who were removed or dismissed from office or for whom imprisonment without labor or a heavier punishment was declared by a court (including persons whose period of suspension expired after having been sentenced to the suspension of execution), due to an act described in any subparagraph of Article 10-3 (1) of the Public Educational Officials Act, on or after the date this Act enters into force.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 10913, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11218, Jan. 26, 2012>
This Act shall enter into force three months after the date of its promulgation: <italic>Provided</italic>, That the amended provisions of the latter part of Article 23 (1) shall enter into force on the date of its promulgation; and the part concerning a Special Self-Governing City referred to in the amended provisions of Article 3-2 (5) and (6) and the amended provisions of Articles 5 and 8 shall enter into force on July 1, 2012.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: <italic>Provided</italic>, That the amended provisions of the following subparagraphs shall enter into force on the dates classified as follows:
1. The amended provisions of Articles 8, 28-2, 32, 34 (2) 2 and 3, and 35 shall enter into force on the date on which six months have elapsed after the date of its promulgation;
2. The amended provisions of Articles 19-3 through 19-6 shall enter into force on September 1, 2012: Provided, That for that part concerning Article 29-3 of the Educational Public Officers Act among the amended provisions of Article 19-3 shall enter into force on March 1, 2013;
3. The amended provisions of Articles 19-2, 19-7, 19-8, 24, 26 (1) and (2), 26-2 through 26-5, 28, and 34 (1) and (3) 1 shall enter into force on March 1, 2013;
4. The amended provisions of Article 16 (1) shall enter into force on the date on which each of the relevant Articles enters into force;
5. Article 3 (4) of the Addenda shall enter into force on April 1, 2012.
Article 2 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the application of the penalty provisions for any act committed before this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11769, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12336, Jan. 28, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13119, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Closure of Kindergartens)
The amended provisions of Article 32 (3) shall begin to apply to traffic accidents where a young child dies or sustains a serious injury prescribed by Ordinance of the Ministry of Education on or after the date this Act enters into force.
ADDENDUM <Act No. 13226, Mar. 27, 2015>
This Act shall enter into force on September 1, 2015.
ADDENDUM <Act No. 13574, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14155, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Closure of Kindergartens)
The amended provisions of Article 32 (1) 2-2 and 2-3 shall begin to apply to child abuse cases that occur on or after the date this Act enters into force.
ADDENDA <Act No. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDUM <Act No. 14602, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15232, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name into Placement Plan for Young Children)
An enrollment capacity plan for young children formulated pursuant to the previous provisions as at the time this Act enters into force shall be deemed a placement plan for young children under the amended provisions of Article 8 (3) 2 and Article 9-2 (1).
ADDENDA <Act No. 16875, Jan. 29, 2020>
Article 1 (Enforcement Date)
(1) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on March 1, 2020.
(2) Notwithstanding the proviso of paragraph (1), the amended provisions of Article 19-2 shall enter into force on the date of its promulgation with respect to national and public kindergartens, and private kindergartens for which the number of children enrolled is at least 200 according to the information disclosed in October 2018 under Article 5-2 of the Act on Special Cases concerning the Disclosure of Information by Education-Related Institutions.
Article 2 (Applicability to Grounds for Disqualification of Founders and Operators of Kindergartens)
The amended provisions of subparagraphs 5 through 9 of Article 8-2 shall begin to apply to a person whose punishment for a violation committed after such amended provisions enter into force becomes final or who is issued an order to close his or her kindergarten under Article 32 after such amended provisions enter into force.
Article 3 (Applicability to Orders to Receive Training)
The amended provisions of Article 8-3 shall begin to apply to a person in whose case a punishment or medical treatment and custody sentenced by a court for any child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act becomes final after such amended provisions enter into force.
Article 4 (Transitional Measures concerning Authorization to Establish Kindergartens)
Notwithstanding the amended provisions of Article 8, the previous provisions shall apply to any person who was issued an order to suspend the operation of his or her kindergarten under Article 32 (1) or (3) for any act done before such mended provisions enter into force.
ADDENDUM <Act No. 17080, Mar. 24, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17311, May 26, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.